93 results for 'cat:"Employment" AND cat:"Government"'.
J. Donnelly denies a motion to dismiss a regional coordinator’s wrongful termination, discrimination, sexual harassment and hostile work environment complaint against the New York State Division of Homeland Security and Emergency Services. The complaint sufficiently alleges she was constructively discharged from her job with the New York State Division of Homeland Security and Emergency Services after being subjected to pervasive harassment that targeted her identity as an Hispanic bisexual woman.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: September 28, 2023, Case #: 1:22cv387, NOS: Employment - Civil Rights, Categories: government, employment Discrimination
J. Wood finds the Board of Review properly required the unemployment benefits recipient to repay $972 in overpaid state benefits received along with federal pandemic assistance. The overpayment was not received as a direct result of an error by the Division of Workforce Services, and there is substantial evidence to support the Board’s findings. However, the Board failed to make any findings regarding the two prongs of the pandemic assistance waiver analysis, and this part of the appeal is remanded. Another amount was not appealed to the Tribunal and the order for repayment is vacated. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: September 20, 2023, Case #: E-22-346, Categories: employment, government, Covid-19
J. Meyer denies the state's motion for summary judgment in an employment discrimination action, ruling the totality of the circumstances surrounding the harassment endured by the black employee, which included a coworker hanging a noose near his cubicle, bringing a revolver to the office, and years of comments about "you people" and other racist tropes, allege a plausible claim for a hostile work environment.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 15, 2023, Case #: 3:21cv736, NOS: Employment - Civil Rights, Categories: government, employment Discrimination
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J. Kobayashi dismisses disability discrimination complaint by a Department of Defense employee, finding that the complaint was not filed within the 90 deadline from the employee and his attorney's receipt of the EEOC's final decision. The 90 days were counted from when the decision was sent out, not when it was able to be read. Equitable tolling does not apply; although the employee and attorney encountered technical difficulties when trying to initially access the decision, there was still time to file a complaint within the limits.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: September 14, 2023, Case #: 1:23cv119, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: government, employment Discrimination
J. Wood denies the Illinois Secretary of State's motion to dismiss one of its former employee's discrimination claims. The former employee, who is Black, helped a friend get a restricted driving permit without taking a road test, for which she was fired. Despite the Secretary of State's arguments to the contrary, the court finds her claims are timely, and that she has plausibly alleged that the Secretary of State's Office allowed other non-Black employees get away with similar behavior.
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: September 13, 2023, Case #: 1:21cv5722, NOS: Employment - Civil Rights, Categories: employment, government, employment Discrimination
J. Graham grants the state industrial commission's motion for summary judgment, ruling statements from the commissioner, including his feelings that an investigation into a male supervisor was unfair and that some of the women in the department had difficult demeanors, are insufficient to prove any discriminatory intent behind the female attorney's removal as chief legal counsel. Meanwhile, the female attorney's move to an undesirable cubicle and being assigned a new telephone number upon her return to a previous position do not constitute discriminatory or retaliatory behavior that prevented her from doing her job.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: September 12, 2023, Case #: 2:21cv2987, NOS: Employment - Civil Rights, Categories: Evidence, government, employment Discrimination
J. Dooley grants the city's motion for summary judgment, ruling the 61-year-old white applicant for the commissioner position was not significantly more qualified than the applicant selected for the position, while a stray remark from a hiring committee member about previously hiring an "old white man" is insufficient to prove discriminatory intent on the part of the committee. Additionally, although the applicant selected for the position was younger than the 61-year-old, he was sufficiently qualified and the gap in age alone cannot be used to support age discrimination claims.
Court: USDC Connecticut, Judge: Dooley, Filed On: September 11, 2023, Case #: 3:21cv771, NOS: Employment - Civil Rights, Categories: Evidence, government, employment Discrimination
J. Knepp denies, in part, the city's motion for summary judgment, ruling that while the promotion denied to the black employee was a temporary one that involved work as a foreman only when the primary foreman was unavailable, the denial constitutes an adverse employment action and gives the employee a legitimate discrimination claim at this stage of the litigation. Meanwhile, the occasional use of Don King as a nickname by coworkers did not interfere with the black employee's ability to complete his work and does not rise to the threshold required for a hostile work environment claim, which will be dismissed.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: September 6, 2023, Case #: 3:21cv1834, NOS: Employment - Civil Rights, Categories: government, employment Discrimination
J. Fader disagrees with the lower court’s determination that a county schoolteacher should be barred from serving on the county’s council because of his being a government employee. Even though he is employed by the board of education and his being elected to council is a potential conflict of interest, a county charter rule is ambiguous enough that in this case, statutory interpretation supports his candidacy.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: August 30, 2023, Case #: C-12-CV-22-000857, Categories: Education, employment, government
J. Underhill denies, in part, the revenue department employees' motion to dismiss, ruling proof of an injury to one's marital relationship is not required to bring a plausible claim for infringement of the right to familial association, and so the husband's claim of retaliation stemming from the termination of his wife after he provided legislative testimony critical of the department may proceed.
Court: USDC Connecticut, Judge: Underhill, Filed On: August 21, 2023, Case #: 3:21cv1372, NOS: Other Civil Rights - Civil Rights, Categories: government, employment Retaliation, First Amendment
J. Thacker finds the lower court properly determined that the former intelligence official's non-selection for a permanent position resulted from the hiring official’s poor impression of her as a prospective employee and her attendance problems, stemming from a depressive episode, prior to the Family Medical Leave Act interference. The employee failed to meet her burden of proof to demonstrate that she was not selected for the permanent position because of the delay of her leave request. Affirmed.
Court: 4th Circuit, Judge: Thacker, Filed On: August 15, 2023, Case #: 22-1498, Categories: employment, government
J. Herrera denies a motion to “exclude the administrative record or to proceed de novo” filed by two former employees of the New Mexico Department of Health after they both “encountered difficulties” obtaining administrative records relevant to their employment suit. Instead, this court will issue notices clarifying the former employees have “timely filed notices of appeal,” which the employees should then be able to use to obtain records from the State Personnel Office’s Adjudication Division without the need for a “more extraordinary remedy.”
Court: USDC New Mexico, Judge: Herrera, Filed On: August 3, 2023, Case #: 1:21cv1129, NOS: Family and Medical Leave Act - Labor, Categories: Civil Procedure, employment, government
J. Wynn finds the lower court properly dismissed the Air Force veteran's appeal of the Physical Disability Board of Review decision denying him benefits. The soldier dealing with anxiety after witnessing a rocket attack is not entitled to a physical examination from the Board as the Board was created to retroactively review disability determinations based on the records of the armed force concerned rather than on a physical exam. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: July 26, 2023, Case #: 22-1591, Categories: employment, government, Military
J. Rushing finds the lower court improperly concluded that general constitutional principles establish the IT employee's right to be free from suspicionless drug testing. The Department of Corrections staff acted reasonably when they asked an IT employee to participate in a minimally invasive drug test, considering he has contact with inmates and could be sneaking drugs in and out of prisons. Reversed.
Court: 4th Circuit, Judge: Rushing , Filed On: July 25, 2023, Case #: 21-1932, Categories: employment, government, Immunity
J. Jones finds that the trial court improperly ruled in favor of the employee in his lawsuit challenging a decision made by the district to reassign him to a different position. The school district gave the employee ample notice of his reassignment and offered him due process in addressing his grievances. Furthermore, the education commissioner properly upheld the school district's decision. Reversed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: July 12, 2023, Case #: 03-22-00083-CV, Categories: employment, government, Due Process
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the fire captain's petition for a writ of mandamus to compel his promotion to battalion chief. The promotion decision was governed exclusively by the CBA between the labor union and the city; therefore, the captain had an adequate remedy by way of a grievance or arbitration. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 6, 2023, Case #: 2023-Ohio-2264, Categories: employment, government, Labor / Unions
J. Millett finds the district court properly dismissed an individual's action challenging his removal from the council that oversees the Administrative Conference of the U.S. He fails to show the president does not have the power to remove him from the council, at will. Affirmed.
Court: DC Circuit, Judge: Millett, Filed On: June 27, 2023, Case #: 22-5047, Categories: employment, government
J. Simms grants a county executive his motion for summary judgment following allegations of age and race discrimination brought by a lawyer looking to change careers and become a county police officer. Said applicant, a 53-year-old Black man, claims that two of three interviewers who were white behaved rudely and were standoffish while the third, a Black man, was kind and accommodating. The applicant did not score high enough on the interview to continue the process. Although the applicant believes he was not hired because of discrimination, he does not present sufficient evidence to proceed.
Court: USDC Maryland, Judge: Simms, Filed On: June 21, 2023, Case #: 8:20cv3006, NOS: Employment - Civil Rights, Categories: government, employment Discrimination
J. Lioi grants the county's motion for summary judgment, ruling the race discrimination claim must be dismissed because the only allegation of direct discrimination - that police officers would not accept the black employee because of his race - was disproven via discovery. Furthermore, internal disputes about how to address racial inequity within the sheriff's office were not protected speech for the purpose of the employee's retaliation claim because they were part of his job as diversity coordinator, not a matter of public importance.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: June 20, 2023, Case #: 5:21cv1638, NOS: Employment - Civil Rights, Categories: government, employment Discrimination, employment Retaliation
J. Fallon denies a request by a New Orleans city watchdog agency for attorney fees and costs totaling $161,447 for prevailing against a fired criminal investigator’s Title VII discrimination claims. Unlike the cases cited by the city, this is not a case where the employee sought to bring claims which were clearly duplicative of those already dismissed in another proceeding. The investigator brought her claims non-frivolously, and in good faith; she simply she could not prevail on those claims. Awarding attorney fees in a case like hers would only serve to chill potentially wronged litigants from attempting to bring their claims and vindicate their rights.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: June 15, 2023, Case #: 2:21cv1992, NOS: Employment - Civil Rights, Categories: government, employment Discrimination, Whistleblowers
J. Furuya finds a lower court properly denied the Arizona Department of Economic Security's motion to dismiss a journalist's request for confidential information concerning records pertaining to vulnerable and disabled adults. The journalist argued that her request constitutes "bona fide research." However, the department of economic security presented sufficient evidence in court that journalistic activities may or may not qualify for an exception based on discretion under the Arizona Revised Statutes. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Furuya, Filed On: June 13, 2023, Case #: 1 CA-CV 22-209, Categories: employment, government, Privacy
Per curiam, the Fifth Circuit finds the district court properly entered summary judgment in favor of Veterans Affairs in this suit brought by a VA medical center nurse alleging national origin discrimination and retaliation. The nurse is a naturalized U.S. citizen from Nigeria who was fired for misrepresenting facts about an alleged on-the-job injury in a complaint to the Equal Employment Opportunity Commission. He alleged that he had been assaulted by a coworker, with security video of the event showing no assault or even physical contact. The nurse failed to create a genuine factual dispute that he was fired by reason of his national origin or in retaliation for protected activity. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 7, 2023, Case #: 22-20336, Categories: government, employment Discrimination, employment Retaliation
J. Cain grants the U.S. government’s motion to dismiss a neo-Nazi prison gang member’s million-dollar suit against a federal prison in Louisiana, arising from injuries sustained in a razor slashing attack by an inmate from a notorious Mexican gang, despite the litigant declaring his rival gang affiliation to a prison screening officer. The litigant-prison gang member fails to overcome the government’s assertion of immunity from liability.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: June 7, 2023, Case #: 2:22cv1184, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: employment, government, Damages